Summary:
- Development: HB 1293 (Chapter 2026-143) takes effect Oct. 1, 2026 and creates §817.537, criminalizing fraudulent entry via false identity statements, forged documents, or impersonation.
- Why it matters: The statute makes certain falsified rental applications a third-degree felony and permits landlords to end fraudulently obtained tenancies with seven days’ notice without a cure opportunity.
- Action point: Housing providers should update screening and documentation procedures, add applicant certifications, and preserve evidence; applicants and identity-theft victims should document and report misuse promptly.
As of October 1, 2026, lying on a Florida rental application is a felony. CS/HB 1293, approved by Gov. Ron DeSantis on June 12, 2026, as Chapter 2026-143, creates a new crime called “fraudulent entry of a residential dwelling unit” and classifies it as a third-degree felony.
The law targets conduct landlords and property managers see every leasing season: doctored pay stubs, fake bank statements, forged IDs, and applications submitted in someone else’s name. It passed without a single no vote, 110–0 in the House and 34–0 in the Senate. According to the National Apartment Association, Florida is the first state in the country to make rental application fraud a crime in its own right.
The bill does two things. It creates a new criminal statute, section 817.537, Florida Statutes; and amends the residential Landlord and Tenant Act, section 83.56, to allow a landlord to end a fraudulently obtained tenancy on seven days’ notice, with no opportunity to cure.
The new crime: fraudulent entry of a residential dwelling unit
Section 817.537 makes it a crime to “enter into and take possession of a residential dwelling unit” by knowingly and willfully doing any one of three acts:
| Act | Prohibited conduct | Common examples |
| (a) False identity statement | Making, or causing to be made, a materially false written statement relating to the person’s identity in any rental application | A false name, date of birth, or Social Security number on the application. |
| (b) Forged documents | Presenting forged, fictitious, or counterfeit documents to the landlord | A fake or altered driver license, ID card, bank statement, or pay stub (the statute’s list is not exhaustive). |
| (c) Impersonation | Impersonating another person in whose name the application is submitted, to sign the lease or take possession | Applying under a relative’s or friend’s name, or under a stolen identity with better credit. |
A violation is a third-degree felony, punishable under sections 775.082, 775.083, and 775.084, that carries up to five years in prison and a fine of up to $5,000 or double the offender’s gain or the victim’s loss under section 775.083.
Limits worth noting
- Possession is an element. The statute reaches a person who both enters into and takes possession of the unit. A falsified application caught before move-in does not complete this offense, although Florida’s existing forgery and identity theft laws may still apply.
- Intent matters. The conduct must be knowing and willful, and a false statement must be material. Honest mistakes, typos, or an outdated address should not qualify.
The civil side: termination with no opportunity to cure
The bill’s second section gives landlords a faster civil remedy that does not depend on a prosecutor. Section 83.56(2)(a) now lists fraudulent entry in violation of section 817.537(2) as an example of noncompliance by a tenant without chance to cure, “regardless of whether criminal proceedings have commenced.”
In practice, the landlord delivers the statutory seven day written notice stating that the lease is terminated and citing the fraudulent entry as the reason. The tenant then has seven days from delivery to vacate the property. If the occupant stays, the landlord still files an action for possession in county court, which proceeds under the summary procedure of section 51.011 with a five-day answer period. The new law does not authorize self-help evictions.
Effective date and timing questions
The law takes effect October 1, 2026, and cannot be applied retroactively. Only fraudulent entries completed on or after that date can be charged under section 817.537.
The civil amendment raises a related question. The remedy is not available against current or former tenants under a rental agreement the owner authorized. However, the list of non-curable examples in section 83.56 has always been non-exhaustive, so landlords dealing with pre-October fraud may still argue that it is non-curable.
What it means for landlords and property managers
HB 1293 gives housing providers a criminal deterrent and a faster civil exit, but both depend on proof. The practical work is in screening, documentation, and restraint.
- Verify, don’t just collect. Confirm income directly with employers or through bank verified services rather than relying on uploaded PDFs. Check identification against the applicant in person or through an identity verification service. Train leasing staff on common red flags, such as mismatched fonts, round number deposits, and employer phone numbers that route back to the applicant.
- Preserve the file. Keep every document submitted, when it arrived, and how (portal, email, or in person). That record is what a prosecutor will ask for, and it supports the reason cited in a seven-day notice.
- Update your forms. Add a signed certification that the information and documents are true and belong to the applicant. Consider a plain language notice that fraudulent entry is a third-degree felony under section 817.537 and grounds for termination without an opportunity to cure. The certification deters fraud and helps establish knowledge later.
- Be sure before you serve a non-curable notice. If the occupant contests the eviction, the landlord must show the fraud was knowingly and willfully. A notice built on a typo or a discrepancy with an innocent explanation can fail, and Florida’s prevailing party fee statute, section 83.48, can make that failure costly.
- Screen consistently. Apply the same verification steps to every applicant. Extra scrutiny applied selectively can invite claims under the federal Fair Housing Act and the Florida Fair Housing Act.
- Reporting is your choice. The civil remedy works whether or not charges are ever filed. Where a third party’s identity was stolen, a police report may also help that person repair their credit.
What it means for applicants and tenants
For applicants, what used to be a lease problem can now become a felony record. A conviction can follow someone for years through tenant screening, employment background checks, and professional licensing, on top of an eviction judgment.
- Helpers can be exposed too. The statute covers anyone who makes “or causes to be made” a false identity statement, and Florida law treats those who aid or abet a crime as principals. Relatives who lend their names, co-applicants who know about a fake document, and services that sell fabricated pay stubs could face exposure.
- The elements are narrow, and they matter. The state must prove the person took possession, acted knowingly and willfully, and either made a material identity related misstatement, presented a forged or counterfeit document, or impersonated someone. An honest mistake, or an accurate but unflattering document, is not this crime.
- A non-curable notice is not the last word. A landlord still needs a county court judgment to remove a tenant, and the tenant can contest the fraud allegation there. Because the civil remedy requires no criminal charge, that eviction case may be the only place the allegation is ever tested. Florida eviction deadlines are short, so anyone served should speak with a lawyer right away.
- Identity-theft victims are not offenders. Someone whose name was used to rent a home should file a police report and an FTC identity theft report, notify the landlord in writing, and dispute any resulting collection or eviction records.
The bottom line
HB 1293 makes rental application fraud a third-degree felony and gives landlords a seven-day, no cure exit from tenancies obtained by fraud. For housing providers, the immediate job is updating application forms and verification procedures. For applicants and anyone accused, the case will turn on the statute’s narrow elements: possession, knowing and willful intent, and the specific type of falsehood.